When an unlawful killing occurs during the commission of an assaultive felony, can it be considered a second degree felony-murder instruction?
California, United States of America
The following excerpt is from People v. Young, A134248 (Cal. App. 2014):
3. In People v. Chun (2009) 45 Cal.4th 1172, 1200, the court held that when an unlawful killing occurs during the commission of an "assaultive" felony, the felony merges with the homicide and cannot be the basis of a second degree felony-murder instruction.
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